ORDINANCE NO. WHEREAS, Section 9.9 of the Charter of the City of North Lauderdale requires the

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1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF NORTH LAUDERDALE AT ARTICLE 9, ENTITLED GENERAL PROVISIONS, AND IN PARTICULAR AMENDING SECTION 9.10 ENTITLED PURCHASES ; REQUIRING THE PURCHASING MANAGER TO OBTAIN THREE (3) WRITTEN QUOTES FOR ALL EXPENDITURES UNDER TEN THOUSAND DOLLARS AND 00/100; REQUIRING CITY MANAGER APPROVAL, AS WELL AS THREE WRITTEN QUOTES, FOR ALL EXPENDITURES IN EXCESS OF TEN THOUSAND DOLLARS AND 00/100 BUT NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS AND 00/100; REQUIRING CITY COMMISSION APPROVAL FOR ALL EXPENDITURES IN EXCESS OF TWENTY-FIVE THOUSAND DOLLARS AND 00/100; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF NORTH LAUDERDALE, ON THE NOVEMBER 2012 GENERAL ELECTION BALLOT AND IT SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of North Lauderdale, Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Council of the City of North Lauderdale, Florida, in an ordinance format; and WHEREAS, Section 9.9 of the Charter of the City of North Lauderdale requires the Page 1 of 4 Pages

2 creation of a Charter Review Commission, which shall review the municipal charter and recommend to the City Council such revisions and amendments as the Commission determines to be desirable; and WHEREAS, the Commission has been in session for a period of time as prescribed by the Charter and submitted various proposals for consideration by the City Commission and ultimately by the electors of the City of North Lauderdale, Florida; and WHEREAS, the Commission has recommended modifications to Article 9, General Provisions, and in particular has recommended the amendment of Section 9.10, Purchases ; and WHEREAS, the City Commission has read, reviewed, and publicly considered the recommendations of the Charter Review Commission and has embraced such recommendations in this Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Article 9, entitled General Provisions, shall be revised by amending Section 9.10 entitled Purchases of the Charter of the City of North Lauderdale, as follows: Sec Purchases. [a] Any purchases of supplies, equipment, materials, or services not exceeding the amount of ten thousand dollars and 00/100 ($10,000.00), except purchases through procurement cards and petty cash, may be authorized by the purchasing administrator with a minimum of three (3) written quotations. Purchases of, or contracts for commodities and/or services in excess of ten thousand dollars ($10,000.00) but not exceeding twenty-five thousand dollars ($25,000.00) shall require the approval of the City Manager after a minimum of three written quotations have been submitted. City expenditures in excess of ten twenty-fivethousand dollars and 00/100 ($2510,000.00) for the purchase of supplies, equipment, materials or services require the approval ofshall be approved by the City CouncilCommission., and may be approved by the City Council only after competitive conditions have been maintained and competitive bids sought Any purchase of commodities and/or services in excess of twenty-five thousand dollars and 00/100 ($25,000.00) shall follow administrative procedures approved by the City Commission for bidding or requests for proposals sought from at least three Page 2 of 4 Pages

3 (3) different sources of supply. If only two (2) different sources of supply exist, competitive bids shall be sought from both of them, and the above requirement regarding three (3) sources shall be deemed met. Expenditures in amounts less than or equal to ten twenty-fivethousand dollars and 00/100 ($1025,000.00) shall, unless otherwise required by law, not require the approval of the City CouncilCommission. The above requirement shall not be deemed to require receipt of bids from at least three (3) different sources of supply, nor shall the requirements of this section be deemed to apply to sole-source goods, materials, equipment or services of a unique character not otherwise obtainable, nor shall the requirements of this section be deemed to apply to professional services substantially effected by the particular qualities and abilities of the person(s) providing the professional services. Competitive conditions may be maintained by methods other than newspaper advertisement. [b] [c] Excepting that expenditures in excess of ten twenty-fivethousand dollars and 00/100 ($1025,000.00) shall require the approval of the City CouncilCommission, the above-stated requirements regarding maintenance of competitive conditions and bidding shall not be required for the purchase of goods listed on federal, state, county or other governmental and cooperative contracts. If the bidding of said contracts was in substantial compliance with generally accepted competitive bidding conditions. In order to apply the exception contained in this paragraph, said governmental contracts must be current and in force, and further, it shall be ruled by the City Council Commissionthat there is no compelling reason to believe that the City would receive bids lower than the government contract price, if the City, for itself, were to solicit its own competitive bids. Purchases from governmental and cooperative contracts meeting the requirements above shall be at prices equal to or less than the amounts fixed by the said contracts. (Cost-plus basis governmental contracts shall not be included in the exception provided for by this paragraph.) All of the requirements of this section shall be deemed waived if it shall be determined by the City Manager or City Council Commissionthat there is a situation, occurrence or exigency necessitating immediate or quick action not permitting adequate time to utilize competitive bidding conditions. The circumstances justifying the waiver of the provisions of this section need not be wholly unforeseen, sudden or unexpected. Circumstances being deemed justification for a waiver of the provisions of this section shall be, in the case of a City Manager's determination, reduced to writing and filed with the City Clerk, with copies to the CouncilCommission; and in the case of the City Council's Commission sdetermination shall be specifically set forth in the minutes of the meeting at which said determination is made. Page 3 of 4 Pages

4 [d] [e] As to any specific purchases of supplies, equipment, materials or services requiring the maintenance of competitive bidding conditions, if, after competitive conditions have been maintained, no bids meeting bid requirements are received or all complaint bids received are too high or all bids are rejected for failure to meet bid requirements (i.e.: bids are noncompliant), the City Council Commissionmay by motion approve and authorize the contracting for the said specific purchases without the necessity of seeking out additional bids, provided, however, no such contract shall be authorized or let if such a contract would equal or exceed the bid price for the lowest conforming bid received by the City. The provisions of this section shall be cumulative to all other provisions of law applicable to the City regarding bidding requirements. Section 3. The Ballot Title shall be as follows: PROCUREMENT AND PURCHASING PROCEDURES FOR THE CITY OF NORTH LAUDERDALE Section 4. At the General Municipal Election on November 6, 2012, the following question shall be placed on the ballot for consideration by the qualified electors of the City of North Lauderdale, Florida, and shall read as follows: The City Charter currently requires City Commission approval for all expenditures over $10,000. Shall the Charter be revised to provide that all expenditures under $10, shall be approved by the purchasing administrator upon receipt of three written quotations, all expenditures between $10, and $25, be approved by the City Manager upon receipt of three quotations and all expenditures over $25,000 be approved by the Commission and subject to Commission-approved administrative procedures for procurement? YES NO Section 5. Advertisement. The City Clerk of the City of North Lauderdale is hereby authorized and directed to advertise the referendum election contemplated herein all in accordance with the Code of Ordinances of the City of North Lauderdale, Florida, as well as the State of Florida Election Code. Section 6. Codification. It is the intention of the City Commission of the City of North Lauderdale that the Page 4 of 4 Pages

5 provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of North Lauderdale, Florida, and that the Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section," "Article," or such other word or phrase in order to accomplish such intention. Section 7. Severability. If any clause, section, or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance. Section 8. Conflicts. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 9. Effective Date. This Ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON THE FIRST READING, THIS 24TH DAY OF APRIL, PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON THE SECOND AND FINAL READING, THIS DAY OF, MAYOR JACK BRADY ATTEST: PATRICIA VANCHERI, CMC VICE MAYOR DAVID HILTON APPROVED AS TO FORM: SAMUEL S. GOREN Page 5 of 4 Pages

6 CITY ATTORNEY Page 6 of 4 Pages